AI Overview...
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Power of Attorney (PoA) and Pairokar Role - A person can act as a Pairokar (agent) for both the plaintiff and respondent if duly authorized through a Power of Attorney. Several sources highlight that PoA grants authority to bind the principal legally, including executing sale deeds or affidavits Ramanbhai Bholidas Patel VS State of Gujarat - Gujarat, 02500010585, PRAMOD KUMAR GUPTA VS STATE OF U. P. - Allahabad.
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Authority to Bind and Limitations - The scope of PoA depends on the specific authority granted. For example, a Mukhtar Khas or special PoA may not encompass all acts, and its validity can be challenged if not properly executed or if it exceeds the authorized scope HEM LATA VS JAMBOO PRASAD - Allahabad, Joyce Cecilia Romalia De Souza VS Carl J. M. De Souza - Bombay.
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Dual Representation - A person can serve as Pairokar for both parties if explicitly authorized by separate PoAs. However, the courts scrutinize such arrangements to prevent conflicts of interest and ensure the PoA's validity Satya Narain VS Nanki Devi - Allahabad, PRAMOD KUMAR GUPTA VS STATE OF U. P. - Allahabad.
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Legal Validity and Challenges - The validity of PoA, especially in executing sale deeds or affidavits, can be contested if not properly executed or if it lacks proper consideration. Courts have held that false or unregistered PoA can render acts invalid Ramanbhai Bholidas Patel VS State of Gujarat - Gujarat, HEM LATA VS JAMBOO PRASAD - Allahabad.
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Conclusion - A person can act as Pairokar for both the plaintiff and respondent provided they have valid, properly executed Powers of Attorney for each. The courts emphasize strict adherence to legal formalities to validate such authority and prevent misuse or conflicts HEM LATA VS JAMBOO PRASAD - Allahabad, 02500035644, Ramanbhai Bholidas Patel VS State of Gujarat - Gujarat.
Summary:
A person may serve as Pairokar for both parties if authorized through valid Powers of Attorney. The scope and legality depend on proper execution, registration, and whether the PoA explicitly grants such authority. Courts scrutinize dual representation to ensure legality and prevent conflicts of interest.
Search Results for "A Person can be Pairokar of both the Plaintiff and Respondent by Way of Power of Attorney or Not"
1966 0 Supreme(All) 162 • India - Allahabad
S.S.DHAVAN
that she had taken loans from various persons without the help of the plaintiff. 2. ... The court held that the plaintiff did not stand in a position of active confidence to the defendant as contemplated under Section ... and that the plaintiff had failed to prove either the execution of the note or its consideration. ... A Mukhtare Am has a general power of attorney an....
1958 0 Supreme(All) 169 • India - Allahabad
D.N.ROY, A.P.SRIVASTAVA
OATHS ACT - POWER OF ATTORNEY - SCOPE - MUKHTAR KHAS - AUTHORITY TO BIND CLIENT BY STATEMENT OF REFEREE ON SPECIAL OATH. ... Plaintiff applied to set aside the decree and rehear the case, alleging that the mukhtar-khas and counsel did not have the authority ... The application was dismissed, and plaintiff appealed. ... In that case the plaintiff who was a lady gave to her husband a speci....
2005 0 Supreme(Gau) 740 • India - Gauhati
R.B.MISRA
15 - Legal Principles on Affidavit and Advocates' Role Fact of the Case: The petitioner, a contingent worker, was not ... The affidavit has to be made by a person or party or agent or pairokar or authorised person or power of attorney holder having cognizance ... Jaiswal has sworn this affidavit as the holder of power of attorney of the petitioner or ....
2022 0 Supreme(Guj) 338 • India - Gujarat
ALPESH Y.KOGJE
of attorney whereas sale deed - Therefore, sale deed could not have been executed using power of attorney and therefore it is a ... false power of attorney – Held, As submission of learned Senior Advocate for applicant regarding other accused persons being protected ... Of Attorney - Complainant has attempted to explain delay of 29 years by saying that....
2022 0 Supreme(Bom) 169 • India - Bombay
MANISH PITALE
of Attorney, whereas the present case concerned the act of the Notary Public and its validity in the context of pleadings. ... The respondents argued that the defect, if any, was curable and that the position of law was in their favor. ... distinguished the judgment of the Calcutta High Court relied upon by the petitioners and held that it pertained to the verification of a Power ... The Court found that the affidavit filed by this “#HL_STA....
2019 0 Supreme(All) 1998 • India - Allahabad
SUDHIR AGARWAL
In this view of the matter, I answer Question-2 also against plaintiff-respondent. ... In this view of the matter, I answer Question-2 also against plaintiff-respondent – Appeal is allowed. ... be reproduced as Whether it is settled view of law that the admission is a best piece of evidence and as such the statement of plaintiff-respondent ... Plaintiff was represented ....
2018 0 Supreme(All) 779 • India - Allahabad
SUDHIR AGARWAL, SHASHI KANT
any provisions entitling petitioner to claim conversion of leasehold right into freehold and corresponding obligation upon State respondents ... Arora, claiming himself Pairokar of respondents 5 to 8. ... in newly executed Power of Attorney, words “possession and title” were not mentioned. ... Power of Attorney executed by petitioner in favour of one M....
2023 0 Supreme(Guj) 602 • India - Gujarat
SANDEEP N. BHATT
The respondent No. 6 filed an application for joining as a plaintiff, which was allowed by the trial Court. ... [ISSUES] The issue was whether the petitioner, having withdrawn the suit, could challenge the impleadment of the respondent. ... [RATIO DECIDENDI] The Court relied on Order XXIII Rule 1 of the Civil Procedure Code, which gives the plaintiff an absolute right ... of attorney has executed that pur....
2014 0 Supreme(Del) 12 • India - Delhi
MANMOHAN SINGH
Rule 97, Section 47/151 CPC - The court discussed the legal provisions of Section 115 CPC and its scope, emphasizing that it does not ... It does not speak of an application being made by a person aggrieved by an order of subordinate court. ... Krishna Devi executed an agreement of Sale and Power of Attorney on 20th September, 1982 in favour of predecessor in interest of ... The respondent#HL_EN....
1984 0 Supreme(All) 489 • India - Allahabad
I.P SINGH, O.P.SAXENA
to the notice of the plaintiffs specifically and adequately, and therefore the plaintiffs were not bound by such terms. ... Finding of the Court: The court held that the mere fact that the G.Rs. were not signed by the plaintiffs did not take ... The plaintiffs contested the applications, arguing that the G.Rs. were not signed by them and that the ter....
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